Our first edition of 2022 focuses on Healthcare and Life Sciences. It is a sector that will once again have the spotlight on it this year as we continue to tackle COVID-19 and its subsequent variants. While the pandemic continues to challenge the sector, governments across the region forge ahead with their plans to expand and upgrade healthcare systems and develop robust world-class healthcare infrastructure.
For the region, healthcare is a vital pillar in diversifying its economies, both locally and as medical tourism hubs. To underpin this, healthcare authorities across the region continue to implement frameworks and regulations that provide structure and accountability.
In this edition, you have unique access to great insights and expert commentary on a number of pertinent healthcare regulatory developments. You will find a topical mix of articles; for example, our lawyers discuss vaccines and returning to work during the pandemic. They take you through several other areas, including stem cell research in Bahrain, clinical research laws in Egypt, and Saudi medical device and pharmaceutical laws.Take a read of the edition
The Data Protection Authority (currently the Ministry of Justice, Islamic Affairs and Waqf) (“Authority”) has recently issued three (3) draft decisions for consultation (“Draft Decision(s)”), pursuant to certain articles in the Personal Data Protection Law (Law No. 30 of 2018) (“PDPL”) stipulating the issuance of executive regulations. The Authority confirmed that it is currently accepting feedback on the Draft Decisions and will continue to do so until the end of June 2021. Feedback can be sent to the following e-mail address: email@example.com.
We have set out below some important highlights of the Draft Decisions.
Articles 17 – 24 of the PDPL provide data subjects with certain rights (including but not limited to the right to be notified of (or to object to) processing and the right to withdraw consent.
The Draft Decision on data subjects’ rights further emphasises and clearly sets out the data subjects rights as provided for under the PDPL. Most importantly, the draft decision lists the different circumstances whereby consent of the data subject will be required prior to processing personal data, as well as the conditions for valid consent and the procedures for its withdrawal.
This Draft Decision makes clear that Data Protection Guardians must be enrolled in a register to be established by the Authority. The Draft Decision sets out: (i) the eligibility criteria to be registered as a Data Protection Guardian with the Authority, and (ii) the procedures to be followed for registering as Data Protection Guardians (e.g. the supporting documents for the application to the Authority).
The PDPL obliges data controllers to implement appropriate technical and organisational measures to guarantee the protection of personal data.
This Draft Decision sets out obligations on data controllers to adopt policies and procedures with the aim of ensuring the secure and safe processing of personal data. These include (but are not limited to): (i) the appointment of a ‘Data Protection Officer’ within the organisation who will have certain duties and responsibilities as prescribed under the Draft Decision, (ii) performing a Data Protection Impact Assessment for any new products/services offered by the organisation to assess their impact on personal data; and (iii) developing internal privacy policies.
Most importantly, the PDPL will finally set out the procedures to be followed by data controllers/processors upon a data breach under this Draft Decision.
As the leading law firm in the Middle East & North Africa region and with a reputable and dedicated regional data privacy practice, Al Tamimi & Company is well placed to assess the impact of the PDPL on your organisation.